California Motion for Continuance

Introduction

Key Things to Know

1. 1

   Until the court grants a continuance, the hearing or trial date stands. Attend unless the court tells you it was moved.

2. 2

   California calls this a continuance for civil trials (Cal. Rules of Court, rule 3.1332). Small claims says postpone, and family law says reschedule.

3. 3

   Rule 3.1332 says trial dates are firm. Continuances are disfavored, and the court may grant one only on an affirmative showing of good cause requiring it.

4. 4

   The rule lists circumstances that may be good cause: unavailability of an essential witness, party, or trial counsel (death, illness, other excusable circumstances); substitution of counsel only if required in the interests of justice; addition of a new party; excused inability to obtain essential evidence despite diligent efforts; and a significant unanticipated change in case status. The court weighs each request on its own.

5. 5

   The court also weighs how close the trial date is, prior continuances, prejudice to others, the effect on the court's calendar, and whether all parties stipulated.

6. 6

   For a civil trial, make the request by noticed motion or ex parte application with supporting declarations, even if everyone agrees. A stipulation is only one factor (rule 3.1332(b), (d)).

7. 7

   Family court uses a separate rule (rule 5.95) and forms FL-306, FL-307, FL-308 and FL-309 (FL-306 does not cover DVRO hearings). Ask no later than five court days before the hearing. Small claims uses optional form SC-150 or a letter.

California Requirements for Motion for Continuance

• Trial Dates Are Firm

  Dates assigned for trial are firm, and all parties and counsel must regard the trial date as certain (Cal. Rules of Court, rule 3.1332(a)).

• Affirmative Showing of Good Cause

  Continuances of trials are disfavored. The court may grant one only on an affirmative showing of good cause requiring the continuance (Cal. Rules of Court, rule 3.1332(c)).

• Listed Good-Cause Circumstances

  Circumstances that may support good cause include unavailability of an essential witness, party, or trial counsel because of death, illness, or other excusable circumstances, substitution of counsel if required in the interests of justice, a new party, excused inability to obtain essential evidence despite diligent efforts, and a significant unanticipated change in case status (rule 3.1332(c)).

• Noticed Motion or Ex Parte Application

  For a civil trial, the request must be made by noticed motion or ex parte application under chapter 4 of the rules, with supporting declarations (rule 3.1332(b)).

• Ask As Soon As Reasonably Practical

  Rule 3.1332(b) sets no fixed day count for civil trials. The request should be made as soon as reasonably practical once the need is discovered.

• Stipulation Does Not Replace the Motion

  Rule 3.1332(b) covers contested, uncontested, and stipulated requests. Whether all parties stipulated is one factor the court weighs (rule 3.1332(d)).

• Family Court Reschedule Request

  Family law uses rule 5.95 and forms FL-306, FL-307, FL-308 and FL-309 (FL-306 does not cover DVRO hearings). The request should be submitted no later than five court days before the hearing (rule 5.95(b)(1)(A)(ii)).

• Court Approval of Agreed Rescheduling

  In family court, a written agreement on form FL-308 becomes an order only when the court approves and signs it, and the court may limit the number of agreed reschedulings (rule 5.95(c)).

• Small Claims Postponement

  Small claims uses the term postpone, with optional form SC-150 or a letter. Serve the other parties and file with proof of service (Code Civ. Proc., section 116.570).